Homeschooling in New Jersey

Yes, you can do this here. New Jersey’s law is short, and the obligation it puts on you is real: teach your child well.

If you are wondering whether homeschooling works where you live, the answer in New Jersey is yes. The legal path comes from one sentence in the compulsory-attendance statute. NJDOE identifies two specific situations in which a family must inform the local board of education, and both are explained below.

First, two terms that sound alike and are not

The New Jersey Department of Education uses “home instruction” to mean something specific: one-to-one or small group instruction the district provides to a student who cannot attend school because of a health condition, a need for treatment, a court order, or a disciplinary or safety exclusion. That is not homeschooling.

What you are looking for the Department calls home schooling, and the law calls it receiving equivalent instruction elsewhere than at school. That phrase comes from N.J.S.A. 18A:38-25, and it is the phrase to use when you write to your district. Everything on this page describes that path.

One pathway, and it is one sentence long

New Jersey’s compulsory attendance statute requires every parent, guardian, or other person having custody and control of a child between the ages of six and sixteen to cause that child to attend the public schools of the district, or a day school giving equivalent instruction, or to receive equivalent instruction elsewhere than at school. The Department of Education states directly that this last provision permits a parent to educate the child at home.

New Jersey places responsibility for the selected program and its educational outcomes with the parent or guardian. The controlling requirement is academic equivalence.

New Jersey’s courts have said what equivalent means. A 1967 decision held that the standard requires academic equivalence only, and expressly not equivalence of social development. Your child’s education is measured against what the public school teaches, not against how the public school is organized.

• Provide instruction that is academically equivalent to what the public schools give children of similar grades and attainments, for a child between the ages of six and sixteen. N.J.S.A. 18A:38-25

• If you are withdrawing a student from an enrolled high school program, complete the district’s transfer form. New Jersey Department of Education

• NJDOE states that this form is required when a student leaves an enrolled high school program so accurate high school enrollment data can be collected. Ask the school for its current form and keep a dated copy.

If your district asks questions

The Department’s guidance here is unusually clear, and it is worth knowing before you need it.

A local board of education is required to enforce the compulsory education law. If the board determines there is credible evidence that a child is not attending school and not receiving equivalent instruction elsewhere than at school, it may request documentation, such as a letter from you confirming that your child is receiving equivalent instruction. The board may request documentation, but NJDOE separately states that the board is not required or authorized to review and approve the family’s curriculum or program.

And this sentence is the Department’s own: the mere fact that a child has been withdrawn to be homeschooled is not, in itself, credible evidence of a legal violation.

New Jersey’s courts have set out how the question is handled if it ever goes further. A family must introduce evidence showing that it is relying on the equivalent-instruction option. Once that evidence is introduced, the ultimate burden of persuasion remains with the State.

You may also ask your district for a copy of its curriculum. A district’s curriculum is a public record, and if you ask for it the board must provide it, though it may charge the copying rates set by law. That is a useful thing to have if you want to see what equivalent looks like where you live.

What the district may offer, and what it need not

Participation in the regular school curriculum, in extracurricular activities, and in sports is at the sole discretion of your local board. It may allow it. It is not required to. The same is true of lending textbooks and materials.

NJDOE also explains that county shared-time vocational schools may accept a student educated elsewhere than at school. A county-resident family may apply annually, and the school may permit attendance to the extent space is available. Once enrolled in a shared-time vocational program, the student becomes a public school student, entitled to tuition payment through the resident district and to transportation services.

Under federal special education law, the district must ensure that all children with disabilities residing in the state are identified, located, and evaluated. If you make a written request for a special education evaluation, the district reviews it in a meeting of the child study team with you and a regular education teacher, and the Department states that this procedure applies to children educated at home. If your child is found eligible, a free appropriate public education must be made available only if your child enrolls in the district. If your child does not enroll and the district chooses to provide services anyway, it develops a plan for them.

New Jersey’s courts have set out how the question is handled if it ever goes further. A family must introduce evidence showing that it is relying on the equivalent-instruction option. Once that evidence is introduced, the ultimate burden of persuasion remains with the State.

You may also ask your district for a copy of its curriculum. A district’s curriculum is a public record, and if you ask for it the board must provide it, though it may charge the copying rates set by law. That is a useful thing to have if you want to see what equivalent looks like where you live.

High school records and credentials

Several separate questions arise during the high school years, and they should not be blended.

A child educated elsewhere than at school does not receive a state-endorsed high school diploma from the board of education. If your child later re-enrolls in public school to obtain a diploma, the district assesses compliance with state and local requirements the way it would for any returning student.

Keep your own records throughout high school. Many families maintain a transcript showing completed courses, grades, hours, and assigned credits. These records document your family’s program; they are not issued by a New Jersey board of education, and a receiving school or institution makes its own acceptance decisions.

Separately, the Department of Education offers three adult routes to a diploma: the high school equivalency assessment, which produces a state-issued diploma; the Thirty College Credit Program, which produces a state-issued diploma for someone who completes thirty general education college credits with a specified distribution and a minimum grade of C in each; and an adult high school program, which produces a state-endorsed diploma on completion. Eligibility differs by route, so check the Department’s current pages before choosing one.

If your child returns to school at any point, the district treats her as any other new or returning student for grade placement and credit acceptance, based on an objective assessment given to all students. The Department states that she may not be held to a higher standard than similarly situated students transferring from other schools.

Your New Jersey year

Compulsory school age. The obligation runs from age six to age sixteen.

If your child has never been enrolled. NJDOE does not identify a required filing for this circumstance. It encourages parents to notify the local board of their intent to educate the child elsewhere than at school so questions do not arise later. If you choose to notify the board, keep a dated copy.

If your child is currently enrolled. As a practical withdrawal step, notify the school in writing that your child will receive equivalent instruction elsewhere than at school beginning on a specific date, and keep a dated copy. If your child is leaving an enrolled high school program, complete the district’s required transfer form.

Through the year. Keep records of what your child reads, writes, studies, and completes. Those records can help demonstrate academically equivalent instruction if questions ever arise.

What comes with one membership

SchoolhouseTeachers.com is your home base for two things at once.

The Curriculum Lane. Hundreds of online, self-paced courses for preschool through twelfth grade from a Biblical worldview, plus interactive iST courses, Virtual School Boxes, World Book Online, and thousands of family-friendly videos.

The Records Lane. The Homeschool Records & Compliance Center, with the Education Plan Builder, Custom Schedule Builder, Portfolio Builder, Applecore Record Keeping, Schoolhouse Gradebook, Portfolio Review Template, High School Hours Tracking Logs, Certificates of Completion, and transcript templates and tools that members use to prepare their own transcripts.

One membership covers every child in the family. No per-child fees, no per-course fees.

New Jersey places responsibility for instruction and its results with the parent. Your curriculum and records work together to show the education you provided.

Questions? Call 1.888.718.HOME or email customerservice@theoldschoolhouse.com. A real homeschooler answers.